This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. You can access the new platform at https://opencasebook.org. Thank you.
In the absence of statutes that delineate acceptable from unacceptable behavior – that’s the realm of criminal law, and still plenty complicated – tort law often requires a court to make distinctions on the fly as individual cases come up. Here we look at a cluster of problems arising generally from situations in which society might say the wrongness of an act may be minimal or entirely lacking – yet a victim steps forward to earnestly claim that his or her wishes about bodily integrity have been disrespected.
The rough and tumble of daily life – “the implied license of the playground” – allows some license for those who offend with physical contact, including against the especially sensitive. When does that license end, particularly if a plaintiff’s special sensitivities are known to a defendant? Are there any larger principles at work to help us resolve conflicts in this zone, or that at least capture the instincts that might find themselves in opposition?EDIT PLAYLIST INFORMATION DELETE PLAYLIST
Edit playlist item notes below to have a mix of public & private notes, or:MAKE ALL NOTES PUBLIC (3/3 playlist item notes are public) MAKE ALL NOTES PRIVATE (0/3 playlist item notes are private)
|1||Show/Hide More||Latent Sensitivities and Reservations|
|1.1||Show/Hide More||Wishnatsky v. Huey--"The Overly-Sensitive Intruder"|
|1.2||Show/Hide More||O'Brien v. Cunard--"The Silent Vaccine Objector"|
|2||Show/Hide More||The Spectrum Between Subjective and Objective|
|2.1||Show/Hide More||Leichtman v. WLW Jacor Communications, Inc.--"The Smoke in the Face Case"|
|2.2||Show/Hide More||Werth v. Taylor--"The Blood-Transfusion-Refusing Jehovah's Witness"|
|3||Show/Hide More||Beyond Physical Contact Or The Threat Thereof|
|3.1||Show/Hide More||Womack v. Eldridge--"The Distressing Accusation of Molestation"|
July 24, 2017
Harvard Law School, Berkman Center
This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at email@example.com. Thank you.